Norfolk Island Regulations 2017 (Cth)

Norfolk Island Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 27 June 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Fiona Nash

Minister for Local Government and Territories

Contents

Part 1Preliminary1Name

This instrument is the Norfolk Island Regulations 2017.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	6 July 2017

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Norfolk Island Act 1979.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Judge;

(b) Supreme Court.

In this instrument:

Act means the Norfolk Island Act 1979.

Part 2Supreme Court sittings6Application of this Part

1. (1)

   This Part applies in relation to sittings of the Supreme Court for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction.

2. (2)

   This Part has effect for the purposes of paragraph 67(a) of the Act.

7Supreme Court may sit in a State, the Australian Capital Territory or the Northern Territory

The Supreme Court may sit at a place in a State, the Australian Capital Territory or the Northern Territory, and at a time, that a Judge thinks fit, if the Judge is satisfied that the hearing of the matter outside Norfolk Island is not contrary to the interests of justice.

8Order made by sitting Supreme Court for future sitting

At any time when the matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court to be held at a specified place in a State, the Australian Capital Territory or the Northern Territory.

Note: The court may sit in a State, the Australian Capital Territory or the Northern Territory only if a Judge is satisfied that it is not contrary to the interests of justice for the court to hear the matter there: see section 7.

9Order made by Judge while Supreme Court is not sitting

At any time when the matter is not before the Supreme Court for hearing, a Judge may:

1. (a)

   order:

   1. (i)

      in any case—that the matter be heard or continued at a sitting of the court to be held at a place in a State, the Australian Capital Territory or the Northern Territory specified in the order; or

   2. (ii)

      if the court or a Judge had previously ordered that the matter be heard or continued at a sitting of the court to be held in a State, the Australian Capital Territory or the Northern Territory—that the matter be heard or continued at a sitting of the court to be held in Norfolk Island; and

2. (b)

   revoke any order previously made by the court or a Judge about the location of a sitting of the court to be held for hearing or continuing the matter.

Note: The court may sit in a State, the Australian Capital Territory or the Northern Territory only if a Judge is satisfied that it is not contrary to the interests of justice for the court to hear the matter there: see section 7.

10Directions for service of order made under this Part

If the Supreme Court or a Judge makes an order under this Part at the instance of a party to the matter, the court or Judge may give directions about serving a copy of the order on the other parties to the matter.

Part 3Transitional provisions11Orders and directions under the Norfolk Island (Supreme Court Sittings) Regulations 1979

An order or direction that was made or given under a provision of the Norfolk Island (Supreme Court Sittings) Regulations 1979 (the old Regulations) described in column 1 of an item of the following table and was in force immediately before the commencement of this instrument has effect on and after that commencement as if it were an order or direction described in column 2 of the item.

Continuation of orders and directions made under the old Regulations
Column 1 This order or direction under the old Regulations:	Column 2 Has effect as if it were:
1	An order under paragraph 3(3)(a)	An order under section 8
2	An order under paragraph 3(3)(b)	An order under section 9
3	An order under paragraph 3(4)(a)	An order under section 8
4	An order under subregulation 3(5)	An order under section 9
5	A direction under subregulation 3(6)	A direction under section 10

Schedule 1—Repeals

Norfolk Island (Supreme Court Sittings) Regulations 1979

1

The whole of the Regulations

Repeal the Regulations.